This chapter is enacted pursuant to the authority of Chapter
365 of the Laws of 1976, which added a new subparagraph (3) to paragraph
(D) of Subdivision 1 of § 10 of the Municipal Home Rule
Law authorizing towns to adopt a local law which amends or supersedes
any provision of the Town Law in relation to the property, affairs
or government of the Town or in relation to any of the other enumerated
subject matters in such § 10, unless there is a state legislative
restriction on such amendment or supersession.
In order to permit the Planning Board to transact business in
the event that absence or conflicts of interest preclude a full membership
of five members from considering a particular matter, it is deemed
advantageous by the Town Board of the Town of Barton to enact a local
law superseding Town Law § 271, Subdivision 1, to provide
for appointment for ad hoc members to the Planning Board.
Section 271, Subdivision 1, of the Town Law is hereby amended
and superseded in its application to the Town of Barton by adding
a new subparagraph 271, Subdivision 1 (a), providing as follows:
A. The Town Board of the Town of Barton may, in any year it deems necessary,
appoint temporary ad hoc members to the Planning Board to serve as
provided in this section. The number of temporary members so appointed
pursuant to this section in any year shall not exceed two. Each temporary
member shall be appointed for a one-year term of office. The Chairman
of the Planning Board shall assign the temporary members as necessary
when absence of regular members of the Board would otherwise prevent
five members of the Board from considering any pending matters. The
temporary members shall, so far as is reasonably possible, be designated
on a rotating basis in the manner which may be provided in the general
governing rules of the Planning Board so that each temporary member
shall have the same powers and duties as regular members of the Board
until that meeting is concluded. Any determination by the Board consisting
of temporary members shall have the same weight and be entitled to
the same authority as the act or deed of the regular Planning Board,
and all laws, statutes and regulations shall apply and be applied
with equal force and effect.